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1991

Faculty Publications

Discipline
Institution
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Articles 1 - 30 of 65

Full-Text Articles in Law

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff Oct 1991

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an ...


And The Rebuttal, Glenn E. Coven Oct 1991

And The Rebuttal, Glenn E. Coven

Faculty Publications

No abstract provided.


An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr. Oct 1991

An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno Jul 1991

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

Faculty Publications

No abstract provided.


A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil Jul 1991

A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil

Faculty Publications

No abstract provided.


Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil Jul 1991

Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil

Faculty Publications

This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by ...


The Civil Rights Hydra, Neal Devins May 1991

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.


Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel Apr 1991

Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel

Faculty Publications

No abstract provided.


An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd Apr 1991

An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd

Faculty Publications

No abstract provided.


The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne Apr 1991

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.


Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne Jan 1991

Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne

Faculty Publications

No abstract provided.


Editor's Notes, Peter A. Alces Jan 1991

Editor's Notes, Peter A. Alces

Faculty Publications

No abstract provided.


The Rhetoric Of Equality, Neal Devins Jan 1991

The Rhetoric Of Equality, Neal Devins

Faculty Publications

No abstract provided.


Why Legal Research Training Is So Bad: A Response To Howland And Lewis, I. Trotter Hardy Jan 1991

Why Legal Research Training Is So Bad: A Response To Howland And Lewis, I. Trotter Hardy

Faculty Publications

No abstract provided.


Time Changes: A Review Of To The End Of Time: The Seduction And Conquest Of A Media Empire, Jayne W. Barnard Jan 1991

Time Changes: A Review Of To The End Of Time: The Seduction And Conquest Of A Media Empire, Jayne W. Barnard

Faculty Publications

No abstract provided.


The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone Jan 1991

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Faculty Publications

No abstract provided.


Reducing The Recovery Of Avoidable Seat-Belt Damages: A Cure For The Defects Of Waterson V. General Motors Corporation, Paul A. Lebel Jan 1991

Reducing The Recovery Of Avoidable Seat-Belt Damages: A Cure For The Defects Of Waterson V. General Motors Corporation, Paul A. Lebel

Faculty Publications

No abstract provided.


Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven Jan 1991

Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven

Faculty Publications

No abstract provided.


Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick Jan 1991

Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick

Faculty Publications

No abstract provided.


A Tribute To Judge Charles Clark, Rodney A. Smolla Jan 1991

A Tribute To Judge Charles Clark, Rodney A. Smolla

Faculty Publications

No abstract provided.


Prisoners' Rights, Timothy Zick Jan 1991

Prisoners' Rights, Timothy Zick

Faculty Publications

No abstract provided.


The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya Jan 1991

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon Jan 1991

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.


Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie Jan 1991

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.


Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne Jan 1991

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Publications

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.


Institutional Investors And The New Corporate Governance, Jayne W. Barnard Jan 1991

Institutional Investors And The New Corporate Governance, Jayne W. Barnard

Faculty Publications

During the last decade, American capital markets have experienced a marked shift from a constituency made up primarily of household investors to one made up primarily of institutional investors. Institutional investors are fiduciary bodies such as pension funds, mutual funds, and employee stock ownership plans, representing large numbers of beneficiaries. As collective entitites, institutional investors often amass billions of dollars in assets, thus giving them the potential for substantial influence on the companies in which they invest. In recent years, some institutional investors have sought to use this influence to challenge traditional patterns of corporate governance, claiming that new patterns ...


Editor's Comments, Charles H. Koch Jr. Jan 1991

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt Jan 1991

The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton Jan 1991

The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton

Faculty Publications

No abstract provided.


The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Jan 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.